Court of Appeal – Chamber Hearing Digest – 27th June 2023

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING Tuesday 27th June 2023 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Paul Webster, Justice of Appeal [Ag.] Case Name: Leroy Campbell v His Majesty the King [ANUHCRAP2023/0002] IT IS HEREBY ORDERED THAT: (Antigua and Barbuda) Date: Tuesday, 27th June 2023 On paper: Applicant: Hugh C. Marshall Respondent: No Appearance Issues: Application for leave to appeal against conviction and sentence, leave to appeal out of time Result / Order:

1.The applicant shall file and serve an application for tendering the fresh evidence to be relied upon supported by evidence showing compliance with the requirements of section 45 of Eastern Caribbean Supreme Court Act Cap 143 (including the statement referred to but not attached to the application) by no later than 14th July 2023 failing which the proposed application will not be considered by the Court.

2.The application for leave to appeal against conviction and sentence, leave to appeal out of time and the intended application to rely on fresh evidence is adjourned for consideration to the next Chamber Hearing scheduled for 20th July 2023. Reason: The Court noted the applicant did not comply with the order dated 30th May 2023 which directed that the applicant file and serve an application for tendering the fresh evidence to be relied upon, supported by evidence in compliance with the requirements of section 45 of the Eastern Caribbean Supreme Court Act Cap 143. The Court considered the affidavit filed on 26th June 2023 on behalf of the applicant showing the attempts by the applicant, through his legal representatives to obtain the new evidence that the applicant intends to rely on, and the Court was inclined to give the applicant a final opportunity to file a proper application for permission to adduce fresh evidence on the hearing of his appeal. Case Name: 1. Jessamy Environmental Consulting & Research Caribbean Incorporated 2. Valma R. Jessamy v Republic Bank Grenada Limited [GDAHCVAP2021/0016] (Grenada) Date: Tuesday 27th June 2023 On paper: Applicant: C. Jerry Edwin Respondent: Renwick & Payne Issues: Application for extension of time to file notice of appeal Result / Order: IT IS HEREBY ORDERED THAT: 1. The application for an extension of time to file notice of appeal is dismissed. 2. Costs of the application in the sum of $750.00 to the respondent to be paid by 31st July 2023. Reason: The Court noted the judgment/reasons for decision of Actie J dated 10th February 2023 records the presence of counsel for the applicants in court on 10th February 2023 when the learned judge delivered her decision striking out the claim with reasons. Further, the second applicant, Valma R. Jessamy, stated in her affidavit in support of the application filed on 14th March 2023 that she was in court via Zoom on 10th February 2023 at 11 am when the learned judge read out her order dismissing her claim. Therefore, time for applying for leave to appeal against the judge’s order began to run on 11th February 2023 and expired on 27th February 2023. The application for an extension of time to appeal, and not for an extension of time to apply for leave to appeal which it should have been, was filed out of time on 14th March 2023 and the reason proffered for the delay in filing the application was the non- availability of the learned judge’s order striking out the claim. The Court was mindful of the test for granting an extension of time to appeal in Hyacinth v Joseph 88 WIR 303 and was satisfied that the reason for the delay in filing the application is not a good reason because the applicants could have filed the notice of appeal, or an application for leave to appeal, within the prescribed time without a copy of the order being appealed, and that the applicants do not have good grounds of appeal for challenging the learned judge’s case management decision to strike out the claim.

EASTERN CARIBBEAN SUPREME COURT COURT OF APPEAL CHAMBER HEARING Tuesday 27 th June 2023 MATTERS DEALT WITH ON PAPER Before: The Hon. Mr. Paul Webster, Justice of Appeal [Ag.] Case Name: Leroy Campbell v His Majesty the King [ANUHCRAP2023/0002] (Antigua and Barbuda) Date: Tuesday, 27 th June 2023 On paper: Applicant: Hugh C. Marshall Respondent: No Appearance Issues: Application for leave to appeal against conviction and sentence, leave to appeal out of time Result / Order: IT IS HEREBY ORDERED THAT:

1.The applicant shall file and serve an application for tendering the fresh evidence to be relied upon supported by evidence showing compliance with the requirements of section 45 of Eastern Caribbean Supreme Court Act Cap 143 (including the statement referred to but not attached to the application) by no later than 14 th July 2023 failing which the proposed application will not be considered by the Court.

2.The application for leave to appeal against conviction and sentence, leave to appeal out of time and the intended application to rely on fresh evidence is adjourned for consideration to the next Chamber Hearing scheduled for 20 th July 2023. Reason: The Court noted the applicant did not comply with the order dated 30 th May 2023 which directed that the applicant file and serve an application for tendering the fresh evidence to be relied upon, supported by evidence in compliance with the requirements of section 45 of the Eastern Caribbean Supreme Court Act Cap 143. The Court considered the affidavit filed on 26 th June 2023 on behalf of the applicant showing the attempts by the applicant, through his legal representatives to obtain the new evidence that the applicant intends to rely on, and the Court was inclined to give the applicant a final opportunity to file a proper application for permission to adduce fresh evidence on the hearing of his appeal. Case Name:

1.Jessamy Environmental Consulting & Research Caribbean Incorporated

2.Valma R. Jessamy v Republic Bank Grenada Limited [GDAHCVAP2021/0016] (Grenada) Date: Tuesday 27 th June 2023 On paper: Applicant: C. Jerry Edwin Respondent: Renwick & Payne Issues: Application for extension of time to file notice of appeal Result / Order: IT IS HEREBY ORDERED THAT:

1.The application for an extension of time to file notice of appeal is dismissed.

2.Costs of the application in the sum of $750.00 to the respondent to be paid by 31 st July 2023. Reason: The Court noted the judgment/reasons for decision of Actie J dated 10 th February 2023 records the presence of counsel for the applicants in court on 10 th February 2023 when the learned judge delivered her decision striking out the claim with reasons. Further, the second applicant, Valma R. Jessamy, stated in her affidavit in support of the application filed on 14 th March 2023 that she was in court via Zoom on 10 th February 2023 at 11 am when the learned judge read out her order dismissing her claim. Therefore, time for applying for leave to appeal against the judge’s order began to run on 11 th February 2023 and expired on 27 th February 2023. The application for an extension of time to appeal, and not for an extension of time to apply for leave to appeal which it should have been, was filed out of time on 14 th March 2023 and the reason proffered for the delay in filing the application was the non-availability of the learned judge’s order striking out the claim. The Court was mindful of the test for granting an extension of time to appeal in Hyacinth v Joseph 88 WIR 303 and was satisfied that the reason for the delay in filing the application is not a good reason because the applicants could have filed the notice of appeal, or an application for leave to appeal, within the prescribed time without a copy of the order being appealed, and that the applicants do not have good grounds of appeal for challenging the learned judge’s case management decision to strike out the claim.